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Simple English definitions for legal terms
scire fieri inquiry
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A quick definition of scire fieri inquiry:
A scire fieri inquiry is a legal writ used to determine the location of a deceased person's property when a previous writ of execution, called a fieri facias, did not result in finding any assets. The fieri facias is a writ that orders a sheriff to seize and sell a person's property to pay off a debt. If the sheriff cannot find any property to seize, a scire fieri inquiry can be used to locate the property of a deceased person.
A more thorough explanation:
Definition: Scire fieri inquiry is a legal writ used to determine the location of a testator's property from an executor. This writ is used when the sheriff returns nulla bona to a writ of execution fieri facias de bonis testatoris.
Example: If a person owes money to someone and fails to pay, the creditor can obtain a judgment against the debtor. If the debtor still does not pay, the creditor can obtain a writ of execution, such as a fieri facias, to seize and sell the debtor's property to satisfy the judgment. If the sheriff returns nulla bona to the writ of execution, the creditor can then obtain a scire fieri inquiry to locate the debtor's property from the executor of the debtor's estate.
This example illustrates how a scire fieri inquiry is used in conjunction with a fieri facias writ to locate a debtor's property when the sheriff returns nulla bona.